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how to revoke POA

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Qz Sioux

Junior Member
What is the name of your state (only U.S. law)? TX

My sister has my mother's POA. My mother needs to know how to get it revoked. My sister has taken my mother's Social Security Disability settlement out of my mother's bank account, and put it in her (my sister's) own. All of my mother's bank statements go to my sister's address, and not the address that my mother lives at. My mother does not even have her checkbooks and therefore does not even know her account number. My mother is of sound mind, and does NOT need my sister to handle her finances at this time. My mother signed papers giving my sister the POA with the understanding that my sister would only take over if my mother was in a position where she was unable to do so herself. Can anyone give me any advice? How do I find an attorney, and also, does this need to be reported to Social Security? My mother does not even know how much her settlement was because she does not have access to her bank account other than her debit card.

Thank you in advance.

Qz
 


anteater

Senior Member
Since the principal granting the power of attorney does not give up the power to act on their own if legally competent, Mother should go to the bank immediately and get the change of address rescinded and inform the bank that sister's power is revoked.

Follow that up with a letter stating that sister's power is being revoked and send it certified, return receipt requested, to the sister, the bank, and any other parties with whom your mother does business. (If she can get the letter written quickly, take it with her to the bank. But, one way or the other, put the bank on notice that the power is revoked ASAP.)

I kind of doubt that the SSA would get involved since you seem to say that the disability payment went into your Mother's account, but was subsequently transferred. But, it can't hurt to call them.

I assume that your mother did not use an attorney to draw up this POA(?). She could ask friends and acquaintances for a referral to an attorney. Or call the bar association for a referral.
 

BlondiePB

Senior Member
To add to anteater's spot on advice, while mom is at the bank mom need to close that account and open another account. Then have mom call Social Security with the new account number for her direct deposit. Depending on when SS is dispersed, SS may have to send one month's benefits via physical check.

Mom needs to also file a police report regarding sister taking the monies. When mom has a new POA drafted, make sure mom includes a clause stating that the POA is only in effect when mom is incompete to handle her affairs or incapable (medical emergency etc.). Have the revocation filed at the local courthouse.
 

Qz Sioux

Junior Member
Thank you for the replies. I will get right on this. As my mother is still hospitalized, she cannot get to the bank until the day of her release. I will type up a letter, if that will work, stating that my mother is revoking my sister as her POA. I will have her sign it, and have a notary from the hospital notarize it for her. I will physically take a copy to the bank on Monday. The day she is released, she will be taken straight to the bank and open new accounts (checking and savings).

My sister had her boss, who is an attorney draw up the paperwork. I do not have a clue as to what kind of POA she has, but I will make sure that I include "any and all POA" in the letter that I type up. I hope that my letter will work since it is not in "attorney lingo". Once my mother is out of the hospital, we will have it done by an attorney along with the new POA.

There is also police officers at the hospital, so it may be that I can get one of them to go to her room and file a report at that time also.

I am hoping that if my mother tells my sister that she will not report her to the Social Security/Disability for taking her money, IF my sister returns the money, that my sister will return the money she took. I know it is just a scare tactic, but I'm hoping that it will work none the less.

Again, I do thank you for the replies.

Qz
 

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